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10-02-97SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert Baer, General Manager Richard Solbrig, Assistant Manager Christopher H. Strohm, President BOARD MEMBERS James Jones, Vice President Robert Mason, Director Mary Lou Mosbacher, Director Duane Wallace, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT OCTOBER 2, 1997 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session October 2, !997, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Strohm, Directors Jones, Mason, and Mosbacher. Director Wallace arrived late. ROLL CALL STAFF: Baer, Solbrig, McFarlane, Sharp, Bird, Rieger, Noble, Garcia, Schroeder, Hydrick, Hoggatt, and Attorney Neese. GUESTS: Ivo Bergsohn/AGRA Earth and Environmental, Inc., Pembroke Gochnauer, David Kelly, Florence Donovan, Lisa Dernbach/Lahontan RWQCB, Dennis Carpenter, and Louise Brown. Consent Items 3, 4, 6, and 7 were brought forward for discussion prior to Board action. Moved Jones/Second Mason/Wallace Absent/Passed to approve the Consent Calendar as amended: CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR CONSENT CALENDAR .',/Director Wallace arrived at this point in the meeting.) ST007274 REGULAR BOARD MEETING MINUTES - OCTOBER 2, 1997 PAGE - 2 1) Authorized implementation of the two-week disconnection procedures for delinquent sewer and/or water accounts; 2) Approved contract with All American Cleaning Services for janitorial services in the monthly amount of $2,525; 5) Authorized additional payment to Hatch and Parent to complete ordinance project in the amount of $12,500; 8) Flagpole Booster Pump Station Electrical Service - Authorized payment to Sierra Pacific Power to extend three-phase electrical service to the site in the amount of $12,279; 9) Authorized staff to advertise for bids for portable electrical load bank. CONSENT CALENDAR (Continued) CONSENT ITEMS BROUGHT FORWARD FOR ACTION I DISCUSSION Director Mosbacher questioned acquiring this tractor as a lease/purchase rather than an outright purchase. Staff stated this item was not included in the budget as a cash purchase. Rather than deducting the purchase amount from the operating reserves, a lease/purchase was found to be a better alternative since interest rates charged would be comparable to interest earned. Moved Jones/Second Strohm/Mosbacher Voted No/ Passed to award lease/purchase of a new Ford tractor to the lowest responsive, responsible bidder, Carter Agri Systems, in the amount of $60,559.79. Louise Brown came to dispute ownership of the leaking valve located on her property. She maintains that the valve is owned by the District, despite staff's confirmation it belongs to the property owner. The Board directed staff to test the leak for chlorine to eliminate the pos- sibility that the leak may be a result of an underground spring. TRACTOR ACQUISITION FOR ALPINE COUNTY FACILITIES (Consent Item 3) WATER DISCONNECTION PRO- CEDURES: FAILURE TO REPAIR LEAK IN PRIVATE PLUMBING ON PROPERTY LOCATED AT 2524 WILLIAMS AVENUE, APN 31-113-08 (Consent Item 4) ST007275 REGULAR BOARD MEETING MINUTES - OCTOBER 2, 1997 PAGE - 3 Moved Jones/Second Mason/Passed Unanimously to direct staff and the Operations Committee to review this item and to present their recommendation at the next Regular Board meeting. The property owner failed to purchase additional sewer capacity to accommodate increased seating at the property. Director Mosbacher questioned if outdoor seating was included in this. Staff responded all seating, indoor and outdoor, must be included, per District ordi- nance. The property owner is aware that if the outdoor seating were removed, no additional capacity would be required at this property. Diane Noble noted a workshop will be held 11/13/97 to specifically address this type of issue. Public input is encouraged. Moved Mosbacher/Second Jones/Passed Unanimously to direct staff to send a letter to the property owner out- lining the options available: removal of the excess seating to accommodate 40, as originally stated in their plans, or acquire additional sewer capacity to accommodate the increased seating. Diane Noble reported the property owner at 3141 Emerald Bay Road, APN 34-331-28, recently acquired a portion of the old Caltrans highway property in front of the Meyer's Station. The District currently has a 4-inch water main that runs along the 40-foot strip of property. The property owner's representative developed language to allow the District access to the water line. Attorney Neese reviewed the document and made revisions to standardize it with other District easement agreements. Moved Strohm/Second Mason/Passed Unanimously to approve final easement agreement. WATER DISCONNECTION PRO- CEDURES: FAILURE TO REPAIR LEAK IN PRIVATE PLUMBING ON PROPERTY LOCATED AT 2524 WILLIAMS AVENUE, APN 31-113-08 (Consent Item 4 Continued) WATER DISCONNECTION PRO- CEDURES: FAILURE TO PAY OR REMOVE UNREPORTED SEWER UNIT ON PROPERTY LOCATED AT 3214 HIGHWAY 50, APN 34-321-17 (Consent Item 6) UTILITY EASEMENT (Consent Item 7) ITEMS FOR BOARD ACTION Ken Schroeder reported the concrete encasement is exposed on the gravity sewer line that crosses the UPPER TRUCKEE RIVER SEWER CROSSING EMERGENCY REPAIR ST007276 REGULAR BOARD MEETING MINUTES - OCTOBER 2, 1997 PAGE - 4 Upper Truckee River (near the intersection of South Upper Truckee Road and Morton Drive) and is in danger of being washed out. This portion of the line (the line itself is still in tact) carries sewer flows from Grass Lake Road. Schroeder distributed pictures showing the damage. Ed Wallace, Northwest Hydraulics, recommended protecting the line by placing large rocks downstream, and placing smaller rock and cobbles over the line. It is imperative repairs be made as soon as possible, while the river levels are Iow, and before winter arrives. Rock will be hauled immediately from Harvey Place. Fish and Game permits, and Lahontan and TRPA approval must be obtained prior to placing the rock. Solicitation of bids by following the formal requirements of the Public Contract Code would delay the repair process. Staff recommended seeking pro- posals from several contractors who have performed work for the District and already have approved insurance docu- ments in place. UPPER TRUCKEE RIVER SEWER CROSSING EMERGENCY REPAIR (Continued) Attorney Neese presented the legal requirements neces- sary to declare this an emergency item. Along with Schroeder, it was determined an emergency exists, per the framework contained in Resolution No. 2659. Moved Strohm/Second Jones/Passed Unanimously to adopt Resolution 2659/Declaring an Emergency, Authoriz- ing Contracts without Bids, Delegating Authority to Order Emergency Action and Determining CEQA Exemption. Rick Hydrick and Ivo Bergsohn/AGRA Earth and Environ- mental, Inc., presented preliminary findings of the first phase of the South Y Groundwater Contamination Inves- tigation. The results are contained in AGRA's report, on file at the District. The sampling results from Phase 1 are inconclusive. Potential sources of groundwater contamina- tion were not identified. Additional phases will be required to identify objectives resulting from the first phase of the investigation. Hydrick outlined costs for work performed to date, and additional costs anticipated for future phases of the investigation. These costs will be paid from the District's contingency fund, which will be reimbursed from contributions from the County Water Agency and Lahontan. SOUTH Y GROUNDWATER CONTAMINATION INVESTIGATION ST007277 REGULAR BOARD MEETING MINUTES - OCTOBER 2, 1997 PAGE - 5 Moved Strohm/Second Jones/Passed Unanimously to authorize Phase 2 and 3 of investigation and corres- ponding change orders. 4:00 p.m. 4:05 p.m. Moved Wallace/Second Jones/Mosbacher Abstained/ Passed to approve payment in the amount of $765,178.15. (Director Mosbacher abstained due to a potential financial conflict.) Finance Committee: The committee met September 25 to review results of the self-funded medical insurance audit, and the 1996/97 fiscal year. Rhonda McFarlane summarized the audit results and the current status of the medical insurance plan. Planning/Ordinance Committee: A Board Workshop will be held November 13 to gather public input regard- ing sewer units billing schedules. County Water A,qency/EDWPA Committee: The committee met October 2 regarding revisions to the Five- Year Cost Sharing Agreement, and funding for the Texas Hill property. LAFCO/Constitutional Revision: Roseanne Chamberlain, LAFCO's executive officer, introduced herself to staff on September 24. The District's map showing the areas to be annexed was submitted to the County Surveyor's office to ensure it meets their standards. Legislative Funding Committee: The committee met September 30 with Holland and Knight to track the progress of the proposed funding bill. The House and Senate will vote this week, and the President is expected to sign it soon thereafter. Manager Baer reported that several agencies around the Tahoe basin have formed a group to address sewer- lng within sensitive areas near the Lake Tahoe. SOUTH Y GROUNDWATER CONTAMINATION INVESTIGATION (Continued) MEETING BREAK MEETING RESUMED PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS ST007278 REGULAR BOARD MEETING MINUTES -OCTOBER 2, 1997 PAGE - 6 Baer reported on his attendance at the Presidential Deliverables meeting. The USFS coordinated the meet- lng to receive reports on actions taken since the Presi- dential Summit. The group also reported on anticipated funding needs over the next five years. BOARD MEMBER AD HOC COMMITTEE REPORTS (Continued) FEMA Ad Hoc Committee: Rhonda McFarlane reported on the status of the District's appeal filed with Region 9. Director Jones reported on his attendance at the ACWA Subcommittee meeting, where MTBE was a major topic of discussion. He will contact UNR for a copy of the study of gasoline constituents in Lake Tahoe, conducted by Professor Glenn Miller. Manager Baer reported on four items: 1) No action has been taken by the El Dorado County Board of Supervisors regarding the Rare Plant Preserve. 2) Nancy Lungren and Assemblyman Oiler would like to meet with the District on October 27. 3) Staff will seek Board approval for the A-line project at the October 16 meeting. Bids for the project will be opened November 18. 4) ECC is hosting a candidates forum October 21 at the Recreation Center. Director Mason is retiring from the Board. His seat is being contested by Pembroke Gochnauer and David Kelly. Florence Donovan is challenging incumbent Director Jones. President Strohm is running unopposed. BOARD MEMBER REPORTS GENERAL MANAGER/STAFF REPORTS Rick Hydrick, using overhead slides, showed where the Terrible Herbst plume may be located. Five geoprobes will be drilled in the general vicinity to test for PCE. Richard Solbrig reported on the status of the remaining emergency project: STATUS OF EMERGENCY PROJECT Millich Ditch/Snowshoe Thompson Ditch No. 1 Emer- gency Proiect of March 20, 1997. - Agreements have been signed that will allow Millich Ditch to be put into operation. The project, which was delayed because of a disagreement between the contractor and Soil Con- servation Service, will go to bid next week. Resource Concepts is making corrections to the plans, based on ST007279 REGULAR BOARD MEETING MINUTES - OCTOBER 2, 1997 PAGE - 7 Alpine County's concerns. The overflow structure on the combined ditch will be included. A letter was sent to FEMA requesting an improved project status on the ditch repair, so the money they approved can be used for this pipeline project. Construction is expected to begin this fall. 5:05 P.M. 5:10 P.M. 6:30 P.M. STATUS OF EMERGENCY PROJECT (Continued) MEETING BREAK MEETING RESUMED AND ADJOURNED TO CLOSED SESSION RECONVENE TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION The Board directed legal counsel regarding this item. No Board action. The Board directed legal counsel regarding this item. No Board action. The Board directed negotiators regarding this item. No Board action. The Board directed negotiators regarding this item. No Board action. 6:35 P.M. Pursuant to Section 54956.9(b) of California Government Code/ Conference with Legal Counsel - Anticipated Litigation (one case) Pursuant to Section 54956.9(a) of California Government Code/ Conference with Legal Counsel Existing Litigation (one case): Utility Boring, Inc. vs. STPUD, El Dorado Superior Court Case, SV-1204 Pursuant to Section 54957.6 of California Government Code/ Conference with Labor Negotiators re: STPUD Management Staff Pursuant to Section 54957 of California Government Code/ Public Employee Performance Evaluation for Unrepresented Employee: General Manager Position ADJOURNMENT ST007280 REGULAR BOARD MEETING MINUTES - OCTOBER 2, 1997 PAGE - 8 Christopher H. Strohm, President of Board South Tahoe Public Utility District ATTEST:~~¢~--'~/3~ ~~lerk of the B~'ard/Executive Secretary South Tahoe Public Utility District ST007251 REGULAR BOARD OF DIRECTORS MEETING GUEST SIGN-IN SHEET IN ACCORDANCE WITH THE BROWN ACT: COMPLETION OF THIS INFORMATION IS VOLUNTARY, NOT MANDATORY, AND IS NOT A PRECONDITION FOR ATTENDANCE, ST057220